Part 26

"Died at York, on the 3rd instant, John White, Esq., Attorney-General of this Province. His death was occasioned by a wound he received in a duel fought the day before with John Small, Esq., Clerk of the Executive Council, by whom he was challenged. We have not been able to obtain the particulars of the cause of the dispute; but be the origin what it may, we have to lament the toleration and prevalency of a custom falsely deemed honourable, or the criterion of true courage, innocency or guilt, a custom to gratify the passion of revenge in a single person, to the privation of the country and a family, of an ornament of society, and support: an outrage on humanity that is too often procured by the meanly malicious, who have preferment in office or friendship in view, without merit to gain it, and stupidly lacquey from family to family, or from person to person, some wonderful suspicion, the suggestions of a soft head and evil heart; and it is truly unfortunate for Society that the evil they bring on others should pass by their heads to light on those the world could illy spare. We are unwilling to attribute to either the Attorney-General or Mr. Small any improprieties of their own, or to say on whom the blame lies; but of this we feel assured, that an explanation might easily have been brought about by persons near to them, and a valuable life preserved to us. The loss is great; as a professional gentleman, the Attorney-General was eminent, as a friend, sincere; and in whatever relation he stood was highly esteemed; an honest and upright man, a friend to the poor; and dies universally lamented and we here cannot refuse to mention, at the particular request of some who have experienced his goodness, that he has refused taking fees, and discharged suits at law, by recommending to the parties, and assisting them with friendly advice, to an amicable adjustment of their differences: and this is the man whom we have lost!"

For his share in the duel Mr. Small was, on the 20th January, 1800, indicted and tried before Judge Allcock and a jury, of which Mr. Wm. Jarvis was the foreman. The verdict rendered was "Not Guilty." The seconds were--Mr. Sheriff Macdonell for Mr. Small, and the Baron DeHoen for Mr. White.

(In 1871, as some labourers were digging out sand, for building purposes, they came upon the grave of Attorney-General White. The remains were carefully removed under the inspection of Mr. Clarke Gamble, and deposited in St. James' Cemetery.)

Mr. White's park-lot became afterwards the property of Mr. Samuel Ridout, sometime Sheriff of the County, of whom we have had occasion to speak already. A portion of it was subsequently owned and built on by Mr. Edward McMahon, an Irish gentleman, long well known and greatly respected as Chief Clerk in the Attorney General's office. Mr. McMahon's name was, for a time, preserved in that of a street which here enters Queen Street from the North.

Sherborne Street, which at present divides the White park-lot from Moss Park commemorates happily the name of the old Dorsetshire home of the main stem of the Canadian Ridouts. The original stock of this family still flourishes in the very ancient and most interesting town of Sherborne, famous as having been in the Saxon days the see of a bishop; and possessing still a spacious and beautiful minster, familiarly known to architects as a fine study.

Like some other English names, transplanted to the American continent, that of this Dorsetshire family has assumed here a pronunciation slightly different from that given to it by its ancient owners. What in Canada is Ri-dout, at Sherborne and its neighbourhood, is Rid-out.

On the park-lot which constituted the Moss-Park Estate, the name of D. W. Smith appears in the original plan. Mr. D. W. Smith was acting Surveyor-General in 1794. He was the author of "A Short Topographical Description of His Majesty's Province of Upper Canada in North America, to which is annexed a Provincial Gazetteer:"--a work of considerable antiquarian interest now, preserving as it does, the early names, native, French and English, of many places now known by different appellations. A second edition was published in London in 1813, and was designed to accompany the new map published in that year by W. Faden, Geographer to the King and Prince Regent. The original work was compiled at the desire of Governor Simcoe, to illustrate an earlier map of Upper Canada.

We have spoken already in our progress through Front Street, of the subsequent possessor of Mr. Smith's lot, Col. Allan. The residence at Moss Park was built by him in comparatively recent times. The homestead previously had been, as we have already seen, at the foot of Frederick Street, on the south-east corner. To the articles of capitulation on the 27th April, 1813, surrendering the town of York to Dearborn and Chauncey, the commanders of the United States force, the name of Col. Allan, at the time Major Allan, is appended, following that of Lieut.-Col. Chewett.

Besides the many capacities in which Col. Allan did good service to the community, as detailed during our survey of Front Street, he was also, in 1801, Returning Officer on the occasion of a public election. In the _Oracle_ of the 20th of June, 1801, we have an advertisement signed by him as Returning Officer for the "County of Durham, the East Riding of the County of York, and the County of Simcoe"--which territories conjointly are to elect one member. Mr. Allan announces that he will be in attendance "on Thursday, the 2nd day of July next, at 10 o'clock in the forenoon, at the Hustings under the Colonnade of the Government Buildings in the Town of York--and proceed to the election of one Knight to represent the said county, riding and county in the House of Assembly, whereof all freeholders of the said county, riding and county, are to take notice and attend accordingly."

The writ, issuing from "His Excellency, Peter Hunter, Esq.," directs the returning officer "to cause one Knight, girt with a sword, the most fit and discreet, to be freely and indifferently chosen to represent the aforesaid county, riding and county, in Assembly, by those who shall be present on the day of election."

Two candidates presented themselves, Mr. A. Macdonell and Mr. J. Small. Mr. Macdonell was duly elected, "there appearing for him," we are briefly informed in a subsequent number of the _Oracle_, "112 unquestionable votes; and for J. Small, Esq. 32: majority, 80."

In 1804 there was another election, when the candidates were Mr. A. Macdonell again, Mr. D. W. Smith, of whom above, and Mr. Weekes. The address of the last-named gentleman is in the _Oracle_ of May 24th. It is addressed to the Free and Independent Electors of the East Riding of York. He says: "I stand unconnected with any party, unsupported by any influence, and unambitious of any patronage, other than the suffrages of those who consider the impartial enjoyment of their rights, and the free exercise of their privileges as objects not only worthy of the vigilance of the legislator, but also essential to their political security and to their local prosperity. The opportunity of addressing myself to men who may be inclined to think with freedom, and to act with independency, is to me truly desirable; and the receiving of the countenance and support of those characters, must ever bear in my mind impressions more than gratifying."

"It will not accord with my sentiments," the address proceeds to say, "to express myself in the usual terms of zeal and fidelity of an election candidate; inasmuch as that the principle of previous assurances has frequently, in the exercise of the functions of a representative, have been either forgotten or occasionally abandoned; but I hope it will not be considered vaunting in me to assert that that zeal and the fidelity which have manifested themselves in the discharge of my duty to my clients, will not be abated in supporting a more important trust--the cause of the public!"

In the _Oracle_ of April 7th is an address put forth by friends on the part of Mr. D. W. Smith, who is at the moment absent. It is "to the free and independent electors of the County of Durham, the East Riding of the County of York, and the County of Simcoe." It runs as follows: "The friends of the Hon. D. W. Smith beg leave to offer that gentleman to represent you in the ensuing Parliament. His honour, integrity and ability, and the essential services which, in different capacities, he hath rendered to the Province, are so well known and felt that his friends consider the mentioning of his name only to be the most powerful solicitation which they can use on the present occasion, to obtain for him your favour and suffrage." To this address the following paragraph is added on May the 5th: "The friends of Mr. Smith consider it as their duty further to intimate, that from late accounts received from him in England, it was his determination to set out from that country so as to arrive here early in the summer of this present year."

On the 2nd of May Mr. Macdonell's address came out. He speaks like a practised orator, accustomed to the outside as well as the interior of the House. He delivers himself in the following vigorous style:--

"To the Worthy Inhabitants of the East Riding of the County of York, and Counties of Durham and Simcoe: Friends and Fellow Subjects. In addressing you by appellations unusual, I believe, on similar occasions, no affectation of singularity has dictated the innovation: my terms flow from a more dignified principle, a purer source of ideas, from a sentiment of liberal and extensive affection, which embraces and contemplates not only such of you as by law are qualified to vote, but also such as a contracted and short-sighted policy has restrained from the immediate enjoyment of that privilege. Your interests, inseparably the same, and alike dear and interesting to me, have always been equally my care; and your good-will shall indiscriminately be gratifying, whether accompanied with the ability of advancing my present pursuit, or confined to the wishes of my succeeding in it.

"The anxious anticipation of events, which has engaged so many persons unto such early struggles to supplant me, forces me also to anticipate the dissolution of parliament, in declaring my disposition to continue (if supported by my friends at the next general election) in that situation which I have now the honour of filling in parliament; a situation, which the majority of suffrages which placed me in it, justifies the honest pride of supposing, was not obtained without merit, and inspires the natural confidence of presuming, will not be lost without a fault.

"I stoop with reluctance, gentlemen, to animadvert upon some puny fabrications calculated to mislead your judgment, and alienate your favour. It has been said that I am canvassing for a seat elsewhere. No! gentlemen: the satisfaction, the pride, of representing that division of this Province, which, comprehending the capital, is consequently the political head, is to me, too captivating an object of political ambition to suffer the view of it to be intercepted in my imagination for a moment, by the prospect of any inferior representation. Be assured, therefore, gentlemen, that I shall not forsake my present post, until you or life shall have forsaken me.

"Another calumny of a darker hue has been fabricated. I have been represented as inimical to the provincial statute which restrains many worthy persons migrating into this Province from voting at elections, under a residence of seven years. A more insidious, a more bare-faced falsehood, never issued from the lips of malice; for during every session of my sitting in parliament, I have been the warmest, and loudest advocate for repealing that statute and for rendering taxation and representation reciprocal.

"I shall notice a third expedient, in attempting which, detraction (by resorting to an imposture so gross as to carry its own refutation upon the very face of it) has effectually avowed its own impotency:--It has been whispered that I have endeavoured to increase the general rate of assessments within the Home District. Wretched misrepresentation! I should have been my own enemy indeed, if I had lent myself to such a measure. On the contrary; my maxim has been, and shall ever continue to be, that so much of the public burden as possible should be shifted from the shoulders of the industrious farmers and mechanics, upon those of the more opulent classes of the community; persons with large salaries and lucrative employments: the shallow artifice of these exploded lies suggests this natural reflection, that slander could find no real foundation to build upon, when reduced to the necessity of rearing its fabrics upon visions.

"To conclude, gentlemen, I have no interests separate from yours, no country but that which we inhabit in common. In all situations, under all circumstances, I have been the friend of the people and the votary of their rights. I have never changed with the times, nor shifted sides with the occasion; and you may therefore reasonably confide that I shall always be, gentlemen, your most devoted and most attached servant, A. Macdonell, York, 2nd May, 1804."

An attempt had also been made to induce Mr. R. Henderson to become a candidate at this election. He explained the reason why he declined to come forward, in the following card:--"The subscriber thinks it a duty incumbent on him thus publicly to notify his friends who wished him to stand as a candidate at the ensuing election for York and its adjacent counties; that he declines standing, having special business that causes his absence at the time of the election. He hopes that his friends will be pleased to accept of his grateful acknowledgments for the honour they wished to confer on him. But as there are several candidates who solicit the suffrages of the Public, they cannot be at a loss. He leaves you, gentlemen, to the freedom of your own will. He has only to observe that were he present on the day of election, he would give his vote to the Honourable David William Smith. I am, Gentlemen, your obedient and obliged servant, R. Henderson, York, 26th May, 1804."

Mr. Henderson's occupation was afterwards that of a local army contractor, &c., as may be gathered from an advertisement which is to be observed in the _Oracle_ of September 6, 1806:--"Notice. The subscriber having got the contract for supplying His Majesty's troops at the garrison with fresh beef, takes the liberty of informing the public that he has engaged a person to superintend the butchering business, and that good fresh beef may be had three times a week. Fresh pork and mutton will be always ready on a day's notice; poultry, &c. Those gentlemen who may be pleased to become customers, may rely on being well served, and regularly supplied. If constant customers, &c., a note of the weight will be sent along with the article. Families becoming constant customers, will please to send a book by their servant, to have it entered, to prevent any mistakes. The business will commence on Monday, the 1st of September next. R. Henderson, York, Aug. 28, 1806."

The grazing ground of Mr. Henderson's fat cattle was extensive. In the same paper we have a notice bearing his signature, announcing that "the subscriber has a considerable number of fat cattle running at large between the town and the Humber. They are all branded on the horns with R. H." The notice continues: "If any of said cattle should be offered for sale to butchers or others, it is hoped no one will purchase them, as they may suppose them to be stolen. A number of fat cattle is still wanted, for which cash will be paid."

The result of the election at York in 1804 is announced in the _Oracle_ of June 16. As was probably to be expected, Mr. Macdonell was the man returned. Thus runs the paragraph: "On Monday last the 11th instant, the election of a Knight to represent the counties of Durham and Simcoe and the East Riding of the County of York, took place at the Government Buildings in this town. At the close of the poll, Angus Macdonell was declared to be duly elected to represent the said counties and riding. We have not yet been able to collect any further returns," the Editor adds, "but as soon as practicable they will be laid before the public."

On the 4th of the following August, accordingly, the following complete list was given of members returned at the election of 1804. Alexander Macdonell and W. B. Wilkinson, Esqrs., Glengarry and Prescott. Robert Isaac D. Grey, Esq., Stormont and Russell. John Chrysler, Dundas. Samuel Sherwood, Esq., Grenville. Peter Howard, Esq., Leeds. Allan McLean, Esq., Frontenac. Thomas Dorland, Esq., Lennox and Addington. Ebenezer Washburn, Esq., Prince Edward. David McGregor Rogers, Esq., Hastings and Northumberland. Angus Macdonell, Esq., Durham, Simcoe and East Riding of York. Solomon Hill and Robert Nelles, Esqrs., West Riding of York, First Lincoln, and Haldimand. Isaac Swayzey and Ralph Clench, Esqs., 2nd, 3rd and 4th Ridings of Lincoln. Benaiah Mallory, Esq., Norfolk, Oxford and Middlesex. John McGregor, Esq., Kent. Matthew Elliott and David Cowan, Esqrs., Essex.

The Mr. Weekes who, as we have seen, was an unsuccessful candidate for a seat in parliament in 1804 was nevertheless a member of the House in 1806, representing the constituencies to which he had previously offered himself. In 1806 he was killed in a duel with Mr. Dickson at Niagara, another victim to the peculiar social code of the day, which obliged gentlemen on certain occasions of difference to fire pistols at each other. In the _Oracle_ of the 11th of October, 1806, we read the announcement: "Died on Friday, the 10th instant, at night, in consequence of a wound received that morning in a duel, William Weekes, Esq., Barrister-at-law, and a Member of the House of Assembly for the counties of York, Durham and Simcoe." In the next issue of the paper, dated October 25, 1806, we have a second record of the event in the following terms, with a eulogy on Mr. Weekes' character: "It is with sentiments of the deepest regret that we announce to the public the death of William Weekes, Esq., Barrister-at-law in this Province; not only from the melancholy circumstances attendant on his untimely death, but also from a view of the many virtues this Province is deprived of by that death. In him the orphan has lost a father, the widow a friend, the injured a protector, society a pleasing and safe companion, and the Bar one of its ablest advocates. Mr. Weekes was honest without the show of ostentation. Wealth and splendour held no lure for him; nor could any pecuniary motives induce him to swerve in the smallest degree from that which he conceived to be strictly honourable. His last moments were marked with that fortitude which was the characteristic of his life, convinced of the purity of which, he met death with pleasure.

"His funeral was delayed longer than could have been wished, a form of law being necessary previous to that ceremony. He was interred on Tuesday, the fourteenth. His funeral," it is added, "was attended by a respectable assemblage of people, from the house of John MacKay, Esq., in the following order:--mourners, John MacKay, Esq.; three Members of the House of Assembly, of which he was a member: viz., Ralph Clench, J. Swayzey, Robert Nelles; Dr. West, Surgeon of the American Garrison, Dr. Thomas, 41st Regt., Dr. Muirhead, Niagara; the Gentlemen of the Bar; the Magistrates of the place; and a numerous concourse of people from town and country."

This duel, as we have been informed, was fought on the United States side of the river, near the French Fort.

Mr. Weekes, we believe, was an unmarried man. He was fond of solitary rambles in the woods in search of game. Once he was so long missing that foul play was suspected; and some human remains having been found under a heap of logs on the property of Peter Ernest, Peter Ernest was arrested; and just as the evidence was all going strongly against him, Mr. Weekes appeared on the scene alive and well.

One more of these inhuman and unchristian encounters, with fatal result, memorable in the early annals of York, we shall have occasion to speak of hereafter when, in our intended progress up Yonge Street, we pass the spot where the tragedy was enacted.

Mr. Weekes was greatly regretted by his constituents. "Overwhelmed with grief," they say in their address dated the 20th September, 1806, to the gentleman whom they desire to succeed him, "at the unexpected death of our late able and upright Representative; we, freeholders of these Counties of York, Durham and Simcoe, feel that we have neglected our interests in the season of sorrow. Now awake, it is to you we turn; notwithstanding the great portion of consolation which we draw from the dawning of our impartial and energetic administration. (The allusion is to Gov. Gore.)

"Fully persuaded that the great object of your heart is the advancement of public prosperity, the observance of the laws, and the practice of religion and morality, we hasten with assurances of our warmest support, to invite you from your retreat to represent us in Parliament. Permit us, however, to impress upon you, that as subjects of a generous and beloved King; as a part of that great nation which has for so long a time stood the bulwark of Europe, and is now the solitary and inaccessible asylum of liberty; as the children of Englishmen, guarded, protected and restrained by English laws; in fine, as members of their community, as fathers and sons, we are induced to place this confidence in your virtue, from the firm hope that, equally insensible to the impulse of popular feeling and the impulse of power, you will pursue what is right. This has been the body of your decisions; may it be the spirit of your counsels! (Signed by fifty-two persons, residing in the Town and Township of York.)" The names not given.

These words were addressed to Mr. Justice Thorpe. His reply was couched in the following terms: "Gentlemen: With pleasure I accede to your desire. If you make me your representative I will faithfully discharge my duty. Your confidence is not misplaced. May the first moment of dereliction be the last of my existence. Your late worthy representative I lament from my heart. In private he was a warm friend; at the Bar an able advocate, and in Parliament a firm patriot. It is but just to draw consolation from our Governor, when the first act of his administration granted to those in the U. E. list and their children, what your late most valuable member so strenuously laboured to obtain. Surely from this we have every reason to expect that the liberal interests of our beloved sovereign, whose chief glory is to reign triumphantly enthroned on the hearts of a free people, will be fulfilled, honouring those who give and those who receive, enriching the Province and strengthening the Empire. Let us cherish this hope in the blossom; may it not be blasted in the ripening." A postscript is subjoined: "P. S. If influence, threat, coercion or oppression should be attempted to be exercised over any individual, for the purpose of controlling the freedom of election, let me be informed.--R. T."

In 1806 Judges were not ineligible to the Upper Canadian Parliament. Mr. Justice Thorpe and Governor Gore did not agree. He was consequently removed from office. Some years later, when both gentlemen were living in England as private persons, Mr. Thorpe brought an action for libel against Mr. Gore, and obtained a favourable verdict.